Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed - Execution not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim of allotment of developed abadi plot by landowners to the extent of 10% of their acquired land in terms of Gajraj and Savitri Devi's Case - Appellants/landowners have neither any legal right nor any factual foundation to claim relief of allotment of additional developed abadi plot - It is..........
Service -- Recruitment - Post of Hindi Language Assistant in Government School - Eligibility criteria - Recruitment Rules make a specific category for a Hindi Language Assistant by requiring candidate to not only hold a Bachelor's Degree with Hindi as major subject, but with additional requirement that candidate must hold a Degree in Education with subject concern (Hindi)..........
Service -- Post of Additional professor - Dispute of inter se seniority - Selection Committee while making recommendations for appointment, had borne in mind relevant matters including performance of candidates, their records and opinion of experts - Ranking assigned to candidates cannot be regarded as being breach of policy decision of 1997 - It would be wrong to unsettle..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Accused already deposited compensation amount of Rs.6 lakhs and also fine of Rs.10,000 - However, what remains is to undergo S.I of 2 months - Accused is the only earning member in family and her source of income is very nominal - If she undergoes S.I for 2 months, then she..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Appellant was 28 years old at the time of accident and suffered from traumatic paraplegia and was hospitalized for 42 days - Monthly income of appellant should be taken at Rs.4000 - Having regard to future prospects and making a deduction for expenses, amount for future medical..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 34% permanent physical disability of spine - Contributory negligence - Deduction of 40% amount - Once the finding that there was contributory negligence on the part of appellant is held to be without any basis, mere fact that appellant had not produced the driving license, would be of no relevance - Deduction of 40% made..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Enhancement of - Keeping in view the age of deceased, his income, persons dependent upon him and loss of estate, loss of consortium, future and medical expenses, claimants held, entitled to Rs.6 lakhs an additional aggregate amount...........
Central Excise Act, 1944, Section 5A(1), Additional Duties of Excise (Goods of Special Importance) Act, 1957, Section 3(3), Finance Act, 2004, Section 91, 92, 93 -- Education cess and secondary and higher education cess - Circular dated 10.08.2004 which clarifies that education cess is part of excise duty - Second Circular No.134/3/2011 dated 08.04.2011 on subject..........
